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Entertainment Technology

CBS Shuts Down Stage 9, a Fan-Made Recreation of the USS Enterprise (torrentfreak.com) 209

An anonymous reader writes: For those unfamiliar with the project, Stage 9 is a beautiful virtual recreation of the Enterprise ship from Star Trek: The Next Generation for Windows, Mac and Linux. More experience than game, Stage 9 was built by fans over two years in the Unreal Engine. "There were two things that we were always pretty careful with," says project leader 'Scragnog'. "We made it as clear as we possibly could that this was NOT an officially licensed project. We had no affiliation with CBS or Paramount and the IP we were trying our hardest to treat with respect was not our own. We were fans, just creating fan art."

In an announcement this week, Scragnog reminded fans that no one involved in the project was in it for any financial reason and everyone was well aware that throwing money into the mix could be a problem. However, the team says it has always known that they could be shut down at any time on the whim of a license holder because in this world, that's what can happen. Unfortunately, that day has come all too soon for the impressive project. Stage 9 was hit with an intellectual property complaint from CBS just over two weeks ago and has now been shut down.

"This letter was a cease-and-desist order," Scragnog explains. "Over the next 13 days we did everything we possibly could to open up a dialog with CBS. The member of the CBS legal team that issued the order went on holiday for a week immediately after sending the letter through, which slowed things down considerably."

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CBS Shuts Down Stage 9, a Fan-Made Recreation of the USS Enterprise

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  • by drinkypoo ( 153816 ) <drink@hyperlogos.org> on Thursday September 27, 2018 @12:15PM (#57384796) Homepage Journal

    They've also shut down my desire to continue to watch Star Trek. Maybe I'll see what Picard is up to via the bay, though.

    • by Anonymous Coward

      I would be happy to pay for media with no advertising.

      But I refuse to pay you to sell to me.

      • by stevew ( 4845 ) on Thursday September 27, 2018 @01:19PM (#57385364) Journal

        Yep - after CBS started playing commercials on their streaming service within TV shows that are available over-the-air I canceled my subscription. Only got it to watch Star Trek Discovery - and honestly it was the worst Trek yet! I've been a fan since the original show originally aired! I can live without this!

    • by genfail ( 777943 ) on Thursday September 27, 2018 @03:31PM (#57386446)
      ally CBS only shuts down fan projects for Star Trek when it's better than whatever they are making. For example, a fan project, Axanar about the first Federation Klingon war, was originally given the blessing of the studio to proceed so the fan production company made Prelude to Axanar and got a Kickstarter going to fund it. After CBS watched Prelude and realized that it had a more engaging story, more recognized actors and more faithful to canon (not to mention had a better-looking ship which is a big deal to ST fans) than their own property in development, the much-maligned abomination that is Star Trek: Discovery, they immediately began a legal war to stop the project for reasons that didn't become clear until ST:D launched. So this tells us two things, one they have a commercial project that uses a recreation of the Enterprise and two they don't want comparisons with whatever they're making with sweatshop pixel monkeys and something made with love by fans. I was going to pass on this whole thing because I figured it would suck but now they are doing this I'm going to find a place I can download it from as soon as I get home.
      • by AmiMoJo ( 196126 )

        To be fair Axanar was a scam. It might have been good anyway, but the guy behind it was basically using the opportunity to build himself a studio with the Kickstarter money.

        There are real fan efforts out there, like Star Trek Continues, that are both excellent and done right (as a registered charity).

    • by Megane ( 129182 )

      They shut down my desire to watch more Star Trek a long time ago, with the "reboot" movies. But ST:D made me want to watch it even less.

      The good news is that season 2 of the Orville starts in three months.

  • free advertising (Score:5, Insightful)

    by wgoodman ( 1109297 ) on Thursday September 27, 2018 @12:16PM (#57384814)

    When will media companies figure out that fan projects are good for them? They maintain/increase interest in an IP, even when the media company is being sloppy and putting out no/terrible content.

    • Lucas (Score:5, Interesting)

      by JBMcB ( 73720 ) on Thursday September 27, 2018 @12:21PM (#57384828)

      Say what you want about Lucas, he was usually pretty cool with people doing Star Wars parodies and homages. He even voiced himself on the Robot Chicken Star Wars episode.

      • Re:Lucas (Score:5, Interesting)

        by commodore64_love ( 1445365 ) on Thursday September 27, 2018 @12:42PM (#57384998) Journal

        Warner Brothers is also lenient when it comes to fan-made Babylon 5 sites. They only require we include a Trademark and Copyright notice on the bottom of the page to protect WB's IP.

        • Re: Lucas (Score:5, Informative)

          by UnknowingFool ( 672806 ) on Thursday September 27, 2018 @01:06PM (#57385234)

          It depends on what is on the site and what the fans added to make their creation different or transformative. For example JK Rowling sued one Harry Potter encyclopedia fan site a few years back but whole heartedly endorses two others. So she's not against fan site but why did sue that one site?

          The site that was sued just quoted her book for nearly all of their articles. Many times, the articles didn't properly use quotation marks or attributions to note that the entirety of the text came from one of her books. Without any original text, it's hard to argue that that site didn't infringe. In this case, other than remaking it in another format, what original work was contributed?

          • " other than remaking it in another format, what original work was contributed? "

            I wonder what would have happened if the project hadn't also used the likenesses and voices of the original actors.

        • Warner Brothers is also lenient when it comes to fan-made Babylon 5 sites. They only require we include a Trademark and Copyright notice on the bottom of the page to protect WB's IP.

          They can be like that, since they'll never allow another official project for the rest of the lifetime of the universe.

          </rant>

      • You'll laugh! You'll Cry! You'll Kiss Three Bucks Goodbye!!!

        In the 80s the local university would put on a free screening of Hardware Wars every year.

      • Not only that, Lucasarts supplied some materials for people producing fan art (e.g. sound files for people building R2 clones), provided [essentially that no one make any money and they could change the rules later.]

    • by dgatwood ( 11270 )

      I'm shocked — shocked that the same company that cancelled the original Star Trek doesn't understand the geek market. The best thing CBS could do for Star Trek would be to sell off its interest in the series entirely.

      • Why would they do that though? They don't need to understand the geek market or have any love for it in order to take advantage of it and crap out mediocre product to a fan base that's hungry enough to shovel corporate product down their gullets. The only way the sell it off is after they've driven it so far into the ground that everyone has lost all interest.
      • Good luck with that. They have CBS All-Access subscriptions to sell.

      • > the same company that cancelled the original Star Trek doesn't understand the geek market

        CBS didn't cancel the original

        • by stevew ( 4845 )

          Yeah - I believe it was on NBC wasn't it?

        • by dgatwood ( 11270 )

          > the same company that cancelled the original Star Trek doesn't understand the geek market

          CBS didn't cancel the original

          D'oh! Wrong three-letter acronym.

          Wait, how does CBS even have any standing to complain about this, then? I was thinking of NBC via moral rights, but CBS shouldn't have any rights whatsoever. They are just a distributor for these shows. It's Paramount's call whether to allow things like this, not CBS. They're the actual rightsholder for the show. These folks should contact Paramount and request formal permission, and then tell CBS to get bent.

    • Re:free advertising (Score:5, Informative)

      by lgw ( 121541 ) on Thursday September 27, 2018 @01:26PM (#57385442) Journal

      When will media companies figure out that fan projects are good for them?

      The more successful ones have. George Lucas was always OK with fan content, even very insulting fan content. The most striking is Jim Davis, owner of possibly the most financially successful modern IP, reached out to the creator of the "Garfield without Garfield" web site and, instead of a cease and desist, said "hey, want to publish a book".

      Perhaps there's a reason those just made many billions of dollars.

      Marvel is aggressive in protecting trademarks, but is otherwise surprisingly OK with fan content that doesn't get in the way of their merch sales. Heck, the Comics Explained YouTube channel is exactly the sort of thing that inept IP owners (including other parts of Disney) routinely shut down, and he probably makes more money from his Patreon than Marvel does from comic book sales these days.

    • When will fans stop paying for the bad treatment they receive in response?

      Disney was a principal figure in a US copyright term extension (which was exported abroad), much to the chagrin of Americans and the world. Bringing this up at that time elicited some responses like one of the highly-upvoted posts in this /. thread saying they'll not buy more of the products. But when the next Star Wars work comes out, fans here who know of the role Disney played then (which people are still seeing the effects of) wil

  • They lose the right to sue people who really rip them off (as opposed to Stage 9) unless they defend their rights across the board. I wish this law was changed.

    • Re:Fix the laws (Score:5, Informative)

      by Anonymous Coward on Thursday September 27, 2018 @12:31PM (#57384904)

      They don't HAVE to shut everything down.

      They could just GIVE STAGE 9 A CONTRACT TO SIGN, stating that they will continue to be noncommercial and that CBS owns all the rights.

      So long as Stage 9 is authorized, then there is no issue with them suing other, unauthorized, people who rip them off.

    • Don't blame the law. They can license the trademarks with significant restrictions for $1 or similar tiny fee. Or they could officially work together. Lots of options and the law is not forcing this choice.

      • This is not true. It is often used for commercial transactions to confirm value, but never with charities. And as they did not charge, they could be called a charity (not for tax purposes) and gifted the license with restrictions.
    • They lose the right to sue people who really rip them off (as opposed to Stage 9) unless they defend their rights across the board. I wish this law was changed.

      That's only for trademarks.

      If Scragnog has called the game "StarTrek: stage 9", Paramount and CBS must show that show that they have put effort into defending their trademark otherwise they lose it and "star trek" becomes generalized (such as band-aid, velcro, thermos, dumpster, aspirin, etc. [wikipedia.org] Name that used to be brands but now just used as generic word for the category, not a specific brand-name).

      Note, though, that Paramount and CBS doesn't need to *win*, they only need to *show effort*. The judge can actu

      • by lgw ( 121541 ) on Thursday September 27, 2018 @01:45PM (#57385620) Journal

        otherwise they lose it and "star trek" becomes generalized (such as band-aid, velcro, thermos, dumpster, aspirin, etc.

        The trademark to "Aspirin" was not lost due to "generalization" in the US: it, along with the trademark to "Heroin", was lost in the Treaty of Versailles as punishment to Bayer for making chemical weapons for the Germans.

        Band-Aid is still a trademark, and I wouln't bet on its lack of enforceability. Velcro is still a trademark, and they made this hilarious video [youtu.be] as part of defending it, and they definitely sue over it.

        Loss of trademark due to "genericide" is incredibly rare - I think "thermos" is the only one on your list that is true.

    • They could license the project, and it might be a good idea to charge $1 and put some terms on it. Since it's a non-profit project, the terms could even say CBS gets 100% of the profits (which is $0).

      What they need to avoid under current law is IGNORING infringement, which would imply that they don't care about the trademarks anymore amd anyone is allowed to use them for any purpose.

      "100% of the profits" (which don't exist) would also further protect CBS from a future commercial infringer trying to use this

    • In the case of copyrights they don't lose their ability to sue others in the future. What it affects is the amount of damages if they wait.
    • by mark-t ( 151149 )

      You are thinking of trademark law. Copyright law has no such requirement.

      Trademark would not be impacted by this project because this project could reasonably claim nominal use.

    • by dissy ( 172727 )

      They lose the right to sue people who really rip them off (as opposed to Stage 9) unless they defend their rights across the board. I wish this law was changed.

      Care to point out the exact number in title 17 of this non-existent law?

      Here, this will get you started: https://www.law.cornell.edu/uscode/text/17 [cornell.edu]

      With any luck, while searching for your non-existent law, it will have the side effect that you actually read and learn about what exactly is in copyright law.

      In fact I'd like to draw your attention to chapter 1, section 106a, under "E) Transfer and Waiver"
      Seems to me the law explicitly allows a waiver of rights, far from disallowing such a thing and forcing a c

  • Why not just pay the people for their contributions and buy the damn thing? It's popular. It's apparently well-made. CBS could make money from it!

    Seems to work in other fields.

    • That would involve having a brain. These networks don't have a clue about good Sci-Fi -- they are constantly cancelling them.

    • It had donated IP so they would need agreements with all contributors. The only way to "sell" it would be if all the contributors had licensed it to the coordinator.
  • And I don't intend too now.

  • by UnknownSoldier ( 67820 ) on Thursday September 27, 2018 @12:33PM (#57384930)

    /s I'm shocked, shocked, I tell you that Corporations hold culture hostage!

    There is something wrong when companies see fans as competition instead of free advertising.

    • You speak truth and wisdom. Remember in the 80's when the original Model 5150 IBM PC came out? Shortly thereafter there were clones of it all over the place. Did IBM throw a hissy-fit over it? Not really, and because of that the PC took off like a rocket. If CBS wasn't such total wankers about this their Star Trek-flavored shows might be doing better.
      • by stevew ( 4845 ) on Thursday September 27, 2018 @01:26PM (#57385454) Journal

        Interesting point - but it was a lot more involved. IBM was just out of a years long case with the US government about them being a monopoly. They were walking on glass from that perspective. The were the 1000 lb elephant in the room - think Amazon or MS of not that long ago. They also learned a lesson from Apple and published technical schematics and the BIOS for the system! Apple didn't do that for the Mac, but had for the Apple II. Apple II was an open bus architecture - Mac not so much. IBM PC followed the open bus architecture paradigm and created a whole new industry. The clones were enabled by the concept of a Clean-room version of the BIOS becoming available. The rest as they say was history.

        • They also learned a lesson from Apple and published technical schematics and the BIOS for the system! Apple didn't do that for the Mac, but had for the Apple II.

          I wonder what the last marketed, mass-produced desktop computer with available schematics was. My Amigas had full schematics in the manuals...

      • Did IBM throw a hissy-fit over it? Not really, and because of that the PC took off like a rocket.

        I'm afraid they did. IBM sued several early PC clone makers claiming they had copied their BIOS.
        It wasn't until Phoenix made a clean-room BIOS implementations that clone makers could flourish.

        • Point taken but they could have gone full guns on the hardware manufacturers, too, and they apparently didn't.
          • Depends on if the hardware manufacturers did break any copyrights held by IBM when they made their clones. Software patents wasn't really a thing back then and copyright only covers so much.
  • by commodore64_love ( 1445365 ) on Thursday September 27, 2018 @12:40PM (#57384980) Journal

    >"This letter was a cease-and-desist order,"

    Most of these letters have ZERO legal weight, and get thrown-out when submitted to courts. While CBS owns the appearance of the TNG Enterprise, the law clearly allows derivative works (such as parodies and fan-inspired art).

    Only a JUDGE has the power to shutdown this endeavor, not some Intern at CBS writing cut-and-paste form letters.

    • by wgoodman ( 1109297 ) on Thursday September 27, 2018 @12:46PM (#57385036)

      Hiring lawyers to go before the judge costs money and when you're doing something because you like it, spending all your money in court to fight the company that owns it isn't entirely worth it. CBS has infinite lawyer funds whereas fans don't.

    • But fighting companies as large as CBS is VERY EXPENSIVE and time consuming. I can not blame them for not wanting to risk everything they own.
    • Only a JUDGE has the power to shutdown this endeavor, not some Intern at CBS writing cut-and-paste form letters.

      You say this, and yet, the project got shut down. So clearly this is incorrect.

      • They VOLUNTARILY shutdown their project. They didn't have to shut it down..... not until a judge issues an official order, which did not happen in this case (there's not even a lawsuit yet). /u/stevew

    • by stevew ( 4845 )

      Read what the guys said. They knew who owned the IP - and what that could mean. Once they got called on it - they folded because they do know who owns the IP. It would have been great if the company had instead licensed the name to them for a nominal fee... but they didn't want too. Fighting this was a losing proposition legally. Pissing in the wind.

    • >"This letter was a cease-and-desist order,"

      Most of these letters have ZERO legal weight, and get thrown-out when submitted to courts. While CBS owns the appearance of the TNG Enterprise, the law clearly allows derivative works (such as parodies and fan-inspired art).

      Only a JUDGE has the power to shutdown this endeavor, not some Intern at CBS writing cut-and-paste form letters.

      Let me guess. You're not a lawyer. I'm not and at least I'll admit it, but I bet I know a lot more about US law than you do. I've got a handful of friends who are lawyers and they've taught me a lot. I also had a chance once to sit in a discussion on IP and fair use given by a real lawyer who worked in the field.

      Parody is protected. This is not parody. I agree that "fain-inspired art" could be OK, if for example, it was for the USS Bartok, a ship in the Star Trek Next Gen universe but never men

    • Comment removed based on user account deletion
    • by genfail ( 777943 )
      This is true but a C&D is the first step to shut it down and not necessary if they weren't planning on it. This is Anaxar all over again.
  • by hey! ( 33014 ) on Thursday September 27, 2018 @12:53PM (#57385106) Homepage Journal

    You don't want to contact the legal team; they're job is to secure everything they can for their client, regardless of whether it is reasonable or even legally justifiable. In their world view there's no reason to ever back down from a C&D letter unless that letter is somehow itself illegal, and it's not illegal to exaggerate your rights.

    The people you want to get to are the marketing and PR types, who are more concerned about the court of public opinion.

    • Exactly.

      Most likely...

      Stage 9 was probably found by an outsourced contractor that looks for copyright violations, and submitted the information to fill out the forms to its client, the law office. The law office had a moderately paid clerk print out a monthly batch of these things, to be "robosigned" by an actual lawyer who spends as little time as possible. The law office bills Paramount for all this wonderful work, with an hourly pricing for everyone involved that includes a fat profit for the law offic

  • I will NEVER watch any of their shitty Star Trek artificially-flavored shows, not even downloaded for FREE illegally, because they're being such assholes about things like this. Also makes me consider not watching any CBS shows even OTA for free, except it wouldn't hurt them one bit due to them not even knowing if I'm watching or not. Shutting down the Star Trek fanbase is not going to make them any friends.
    • Re: (Score:3, Insightful)

      by Anonymous Coward

      Just watch the Orville instead. It's a hundred times better than anything labeled Trek has been in a generation, and more true to the original Trek concepts while actually being entertaining.

      And it'd be especially funny to see the Orville outlast Trek proper if CBS keeps up this attitude with its fans.

  • The Internet never forgets. Someone must have a download link for this, please post it before it get too scarce to find easily, thanks!
  • Something's amiss there...

    CBS has published fan art guidelines for Star Trek, so I would suggest that they continue to appeal to those to keep the project going, unless or until CBS can tell them explicitly how it is not in accordance with those guidelines, they should reasonably be able to continue to use those guidelines as a defense.

  • by jlv ( 5619 ) on Thursday September 27, 2018 @01:50PM (#57385666)

    As pointed out a HN (https://news.ycombinator.com/item?id=18085119), the Internet Archive of the download page still has the well-seeded torrent links...

    magnet:?xt=urn:btih:ce1cf2847d8303a8e7e708cb378d9e7ab1534628&dn=Stage9-Mac-v009.zip
    magnet:?xt=urn:btih:f2b84daf5a60ad9a452c933523de7ec786bbb0bd&dn=Stage9-Windows-v10.exe

  • Anyone have a torrent? :)

    I have not heard of this until now.

  • I find it rather amusing that a IP built around the idea of 'fully automated luxury communism' in space has to rely so heavily on intellectual propriety law.

    Just kidding... there's nothing amusing about communism, even in a fiction.

  • by Antony T Curtis ( 89990 ) on Thursday September 27, 2018 @08:21PM (#57387944) Homepage Journal

    Can they reskin their work to be for Star Wreck?

  • If Hollywood sends its thugs after you, you can't just move your server to the free world, like Sci-Hub.

  • Locking up ideas as property is ultimately no less a form of censorship than trying to suppress them. If I cannot say or write words that have been said or written before, or even something similar because someone owns those words, I do not have freedom of expression. Copyright belongs in the dustbin of history.
  • The member of the CBS legal team that issued the order went on holiday

    Suuuuuuuuuuuuure they did. You know, there are a few people over the course of my adulthood, dealing with different things financial, etc. that seem to "go on holiday" a lot when it's most inconvenient for my particular case. Maybe I'm naive, though, and just realizing that this is a common tactic to get people to forget about whatever it is they were upset or concerned about and leave you alone. Amirite?

  • Here's an honest question for all the CBS shills in the audience: why do you hate your fans so much?

In practice, failures in system development, like unemployment in Russia, happens a lot despite official propaganda to the contrary. -- Paul Licker

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